UNITED INDIA INSURANCE CO. LTD Vs. MANJU PARIHAR

JUDGEMENT

(1.) This appeal under Sec. 173(1) of the Motor Vehicles Act, 1988, is filed by the Insurance Company, being aggrieved of the award dtd. 9/11/2010, passed by learned Additional Motor Accident Claims Tribunal, Hoshangabad (M.P.), in Case No.12/2010 (Smt. Manju Parihar and others Vs. Firoz Khan and others), on the ground that accident took place on 24/1/2009. FIR was lodged on 8/3/2009, against an unknown vehicle i.e. after delay of 44 days. Thereafter, in the investigation, closure report was filed as no clue of any vehicle was given. Thereafter, falsely vehicle insured with the present appellant bearing registration No. MP-04-J/1866, has been implicated.

(2.) It is submitted that there is an interesting chronology of events. Deceased Meharban Singh was a police personnel. In the FIR (Ex.P/1), it is mentioned that incident took place on 24/1/2009. Information was received at the police station on 8/3/2009, whereas, Meharban Singh died while taking treatment on 7/3/2009. FIR was lodged against an unknown vehicle. In the FIR itself, it is mentioned that intimation was received that a person in an injured condition was lying on the road and he was identified as Meharban Singh. Case was registered under Sec. 279, 337 of IPC. What is interesting is that in the FIR, Sec. 304(B) of IPC, has been scored out. After death of Meharban Singh, when intimation was received, then why Sec. 304(B) of IPC was scored out is not understandable. Thus, FIR prima facie reveals that manipulation was being done to help the claimants, because they happen to be relatives of an employee of the Police Department.

(3.) In the final report dtd. 26/12/2009, offending vehicle was implicated. The sole witness to support the accident with the offending vehicle is Yashpal Singh S/o Lalit Singh Bhadoriya, resident of Guradiya, Tahsil Babai, District Hoshangabad (M.P.). He deposed that on 24/1/2009, at about 7:30 P.M., he had seen accident taking place at Village Semri Harchand, near culvert on the river, when Jeep No. MP-04-J/1866, had hit an unknown person. As a result, he was grievously injured and had fallen on the side of the road. He has deposed that accident took place in front of him. He was travelling from Village Semri to his Village Guradiya. He had seen the vehicle number and, later on, discovered that injured was Meharban Singh Parihar. He in para 2 of his examination-inchief, has deposed that police had come to him to take information and then he had informed the police about the number of the vehicle, it was the Mahindra Jeep.